S-1627.1  _______________________________________________

                    SUBSTITUTE SENATE BILL 5227

          _______________________________________________

State of Washington      56th Legislature     1999 Regular Session

By Senate Committee on Labor & Workforce Development (originally sponsored by Senators Heavey, McCaslin and Deccio)

Read first time 02/18/1999.

Permitting employees to copy personnel files.

    AN ACT Relating to employee copies of personnel files; and amending RCW 49.12.240 and 49.12.250.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

    Sec. 1.  RCW 49.12.240 and 1985 c 336 s 1 are each amended to read as follows:

    Every employer or association of employers shall, at least annually, upon the request of an employee, permit that employee to inspect and copy any or all of his or her own personnel file(s).

No fee may be charged for inspecting the personnel file or for locating the personnel file and making it available for copying.  However, a charge may be imposed to reimburse the employer or association of employers for providing the copies and for the use of the employer equipment to copy the personnel file.  The charge shall be for either the actual costs directly incident to the copying or fifteen cents per page, whichever is less.

    Sec. 2.  RCW 49.12.250 and 1985 c 336 s 2 are each amended to read as follows:

    (1) Each employer or association of employers shall make such file(s) available locally within a reasonable period of time after the employee requests the file(s).

    (2) An employee annually may petition that the employer or association of employers review all information in the employee's personnel file(s) that are regularly maintained by the employer or association of employers as a part of his business records or are subject to reference for information given to persons outside of the company.  The employer or association of employers shall determine if there is any irrelevant or erroneous information in the file(s), and shall remove all such information from the file(s).  If an employee does not agree with the employer's determination, the employee may at his or her request have placed in the employee's personnel file a statement containing the employee's rebuttal or correction.  Nothing in this subsection prevents the employer or association of employers from removing information more frequently.

    (3) A former employee shall retain the right of rebuttal or correction for a period not to exceed two years.

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